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In re Zaclon, Inc.

Case Number: 
RCRA No. 05-2004-0019
ELR Citation:36 ELR 47865

An administrative law judge (ALJ) granted the U.S. Environmental Protection Agency's (EPA's) motion for leave to supplement the prehearing exchange by adding six proposed documentary exhibits to its prehearing exchange, numbered Exhibits 22 through 27. The defendant objected to portions of Exhibit 22--a notice of violation letter based on the Ohio Environmental Protection Agency's hazardous waste compliance evaluation inspection of its facility on August 10-12, 2005--and strongly disagreed that the proposed Exhibit 22 is relevant to the appropriate Resource Conservation and Recovery Act (RCRA) penalty. The ALJ, however, found that EPA's proposed Exhibit 22 may include information that is relevant to one or more penalty factors in the RCRA Penalty Policy and that it could not be determined at that time whether any parts of EPA’s proposed Exhibit 22 were irrelevant and clearly inadmissable for any purpose.